VIDEO: Seattle police Ballard bar incident

An off-duty Seattle Police officer accused of misconduct during an incident that happened near closing time outside a Ballard bar has been reassigned, and the police department’s Office of Professional Accountability has referred the matter for an internal investigation.

Speaking to seattlepi.com in December, an attorney for one of the men disputed the police version of events, saying his client intervened when he saw the off-duty officer “roughing up” a young woman shortly after 1 a.m.

“He saw a grown man roughing up a woman, and he stepped in to intervene,” said Tim Leary, attorney for defendant Jake Keegan Baijot-Clary. “Had he known it was an officer, he wouldn’t have responded the way he did.”

“I think there’s a lot to this case not being explored and hopefully will be,” Seattle Police Officers’ Guild President Rich O’Neill said.

Police say the investigating officers immediately reported the off-duty officer’s contact with one of the detained suspects to their supervisor, and the matter was referred to OPA, the civilian-led office than investigates use of force complaints.

He said the off-duty officer is African–American and questioned if, given the location, race might have been a factor in the men charged with assault confront Haynes when he was near the woman suspect of theft.

The name of the officer’s friend has been redacted because he was an alleged victim and not charged in the case.

Our news partner, KOMO/4, obtained video of part of the the incident, which is embedded below.

KOMO/4 reports that as one of the assault suspects is face down on the sidewalk, the officer is seen walking over to the man and kicking him in the head, and a uniformed officers is seen moving Haynes off to the side.

The video replays that motion, which was described as “physical contact” in the police department statement released Wednesday.

O’Neill, who had not seen the video obtained by KOMO, said Wednesday he thought the officer was victimized twice — once when he and his friend had their jackets taken, and again when they were assaulted.

“They put their boots to him pretty good,” O’Neill said of Haynes, who went to Swedish Hospital with swelling and contusions.

Court documents show that the Seattle Police Department is fighting the release of internal investigations records related to Haynes requested by a defense attorney for one of the men. Writing the court, Deputy Chief Clark Kimerer said the release of Haynes’ personnel file would threaten department morale.

The Seattle Police Department Office of Professional Accountability (OPA) received a complaint of misconduct that occurred during the early morning hours of December 12, 2010.

An off-duty male Seattle Police officer and his male friend were at a nightclub in the Ballard neighborhood when they discovered that their coats were missing. The off-duty officer noticed a woman outside of the nightclub holding the missing jackets. The off-duty officer identified himself as a Seattle Police officer and informed the woman that she had taken two jackets not belonging to her and asked for them back. The woman refused, claiming that the jackets belonged to a friend. The woman began to walk away. The off-duty officer called 911 and together with his friend followed the woman on foot. Both the off-duty officer and his friend were attacked from behind by three male subjects unknown to them.

On-duty officers responded to the scene to restore order and investigate. The first arriving officer did not immediately recognize the off-duty officer among the five men. He decided to separate all five individuals by ordering them to the ground until back-up arrived. The on-duty officer witnessed a melee that included the first subject and the off-duty officer’s friend both standing up but struggling with each other. The on-duty officer separated them and proceeded to the two remaining subjects and the off-duty officer. The off-duty officer was on his back on the sidewalk while the other two subjects were physically assaulting him. He removed the second subject off of the off-duty officer. At this point the on-duty officer recognized the off-duty officer as a colleague who worked in the same precinct but on a different watch. While attempting to disengage the third subject, the first subject had come over and kicked the off-duty officer in the head.

Additional officers arrived on the scene. With their assistance, all five men were separated and the scene was stabilized. By this time the woman who had stolen the two jackets had left the scene. As the investigation commenced, the off-duty officer made physical contact with one of the three handcuffed subjects. The investigating officers prevented any further contact between the off-duty officer and his assailants. The three subjects were booked into King County Jail and have since been charged with Assault in the 3rd degree. The off-duty officer was treated on scene by Seattle Fire Department medics and received additional treatment at an area hospital.

In adherence to department policy, the investigating officers immediately reported the off-duty officer’s actions to their supervisor and subsequently the matter was referred to OPA. On December 14, 2010 the officer in question was administratively reassigned. The OPA referred the matter for internal criminal investigation and this remains active and ongoing. The off-duty officer in question was hired in January of 2009.

The release of this statement is in direct response to an existing media inquiry.